LAWS(HPH)-2012-3-230

SAHIL SHARMA Vs. STATE OF H.P.

Decided On March 01, 2012
Sahil Sharma Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) THIS is an application under Section 438 Cr.P.C. for granting transit bail in FIR No. 62/2012, dated 14.2.2012, registered at Police Station Civil Lines, Amritsar(Punjab) under Sections 307, 147, 149 etc. IPC.It has been submitted that petitioner has been falsely implicated in the case. The petitioner is innocent, he is resident of District Shimla and he apprehends his arrest. The alleged offence has been committed beyond the territorial jurisdiction of this Court. The prayer has been made for granting transit bail.

(2.) HEARD . The learned Addl. Advocate General has submitted that she has no record with her to make the submissions, in asmuch as the case has been registered even as per application at Police Station, Civil Lines, Amirtsar ( Punjab). The State of Punjab has not been impleaded as party. The Learned Counsel for the petitioner has relied Smt. Rashmi Bala v. State of HP & another Latest HLJ, 2000(1) (HP) 520 in support of his submissions for grant of transitory bail. In Smt. Rashmi Bala (supra), it has been held that the Court has power and jurisdiction to entertain the application notwithstanding the fact that the case against the bail petitioner had been registered outside the jurisdiction of the Court. On behalf of the petitioner, it has been submitted that there is apprehension of arrest of petitioner at Shimla. In these circumstances, it is directed that in the event of arrest of petitioner at Shimla in FIR No. 62/2012, dated 14.2.2012, registered at Police Station, Civil Lines, Amritsar(Punjab) under Sections 307, 147, 149 etc. IPC. he is order to be released on bail on his furnishing personal bond in the sum of Rs.25,000/ - with one surety of the like amount to the satisfaction of the Arresting Officer with the condition that the petitioner shall not hamper the investigation in any manner. This order shall cease to operate after three days from today automatically without any further order of this Court. Application stands disposed of.